No, you may not obtain an annulment if the marriage was never consummated. Of course, there is one exception to the rule. Typically, to enforce a marriage, you and your spouse must have sexual intercourse after the wedding. In other states, if this does not happen, you can obtain an annulment.

An annulment is the act of voiding a legally valid marriage. It means the marriage never happened. You can go on to marry someone else and consider that your first marriage. In New York, annulment falls into two basic categories: void categories and voidable marriages.

A Void Marriage is not Legal in New York: A void marriage is not legal in the state of New York. This means they are automatically void by state law. Marriages that fit into the void category include: Incestuous Marriage (marriage between people who are related), A Deceased Spouse who is Alive (spouse thought their spouse was dead, but finds out later they are alive), and A Sexual Act Occurred During the Marriage.

Voidable Marriages are Legally Valid in the State of New York: A voidable marriage is a legally valid marriage that can be terminated for a specific reason. To obtain an annulment for a voidable marriage, your marriage must fit into one of the following categories: Incurable Mental Illness, Incapable of Consent, Underage, Force/Duress/Fraud, or Impotency.

Impotency: The inability to consummate the marriage makes the marriage voidable. The spouse must have an incurable condition aside from being sterile. This means that you can obtain an annulment if you never consummated the marriage. However, you or your spouse must have an incurable condition that causes impotency.

You can Seek a Divorce in New York if Your Marriage was Never Consummated: If your marriage situation does not include grounds of impotency and you cannot get an annulment, you may seek a divorce. A divorce is the legal end of a marriage.

Annulment and marriage are often thought to be very similar, but the truth is they are not. When you get a divorce, you are considered a divorcee. You have been previously married, and you are no longer able to claim you are a single person. Your next husband will be your second husband. If you have your marriage annulled, you are considered a single person who has never before been married.

You could annul your marriage if you can prove your marriage occurred under duress or fraud. Both are legal grounds for annulment, and sometimes physical abuse falls into that category. If you did know your spouse was abusive prior to your marriage, you may not get an annulment. However, if the abuse did not begin until after you were married, you could claim that your spouse conned you into marrying him under the limitation of fraud.

You did not know he was an abusive man, and that's why you married him. Had you known prior to your marriage that he was abusive, it might have changed your mind about how you felt about him. If he can prove you were aware of his anger issues and his abuse issues, however, annulment is not an option. If you want to divorce him if annulment is not something you can go through with, that is always an option.

Orthodox and Roman Catholic Churches: Two churches that have a highly formal procedure for the annulment are the Orthodox and Roman Catholic churches. Anyone seeking an annulment can begin by contacting the church and letting them know they would like to have an annulment. The process continues as people stand in front of church court that is designed to seek out the facts related to their original marriage. The spouse that is requesting the annulment will be asked to present all of their evidence as to why they are entitled to this course of action.

Church officials do not require the other person to be present at this time. They do not require the person seeking the annulment to even notify the other party that they have decided to do so. The other spouse is not required to present evidence as to why the annulment should not be granted. Church officials will carefully examine the evidence presented and then make a ruling.

Other Types of Annulment: The Church of Latter Day Saints or Mormons discourage divorce. However, they have what is known as an unsealing procedure. This only applies to women not men. In Islam, a man may easily choose to divorce a woman without necessarily resorting to a court system. At the same time, a woman has the right to speak to a religious court. She can ask the religious court to agree to annul her marriage. Protestant churches do not recognize an annulment. The same is true of Judaism.

Legal Help: Any kind of annulment does not have the force of law behind it. All issues related to the divorce such as custody arrangements, the division of property and an agreement for child or spousal support cannot be worked out this way. They must go through the formal court system in order to be resolved. The annulment is largely a personal and religious matter with little application to the process of legal divorce.

Child support is often a contentious subject in divorce proceedings and many parents cannot agree on terms. During a divorce, there are two primary options: the parents can reach an agreement about how custody, support, and expenses will be handled, or they can ask a judge to decide. A temporary child support order is often issued before a permanent order can be made.

What is a Temporary Child Support Order? A divorce can be a drawn-out process that takes months or even years. Despite this, many decisions may be needed quickly from a judge in terms of who will get the children and who will stay in the home. When one spouse needs money right away for the children, a temporary child support order can be issued.

One spouse may request a temporary child support order from the judge, even if a formal divorce action is not yet filed. These requests are put on a fast track through the court with a hearing scheduled within days or weeks.

How a Temporary Support Order is Determined: Just as with a permanent child support order, many factors are used to consider the support amount. The calculation is designed to best serve the child, not either parent. A court may consider: Each parent's income and personal assets, Expenses for each child, Which parent has custody, The number of children, and The ages of the children.

Is a Temporary Support Order Enforceable? A temporary child support order is an order from the court; it is just as valid as the permanent child support order. Temporary support orders are valid and enforceable until the court issues a final support order.

Before starting any divorce process, it is advisable to make sure that you really want a divorce. If possible, you should consult a counselor to save your marriage. Once you start a divorce process, it is difficult to go back. Divorce is dependent on your relationship with your better half and the existing state laws in which you live.

If you would like to institute divorce proceedings, the first step is to talk to your spouse. It is prudent to ask whether she or he is ready for the divorce. If you come to a common ground regarding the divorce and are willing to work together to conclude the process in an amicable manner, you should start discussing about pertinent issues. These issues include division of finances, assets and property, child support, how to tell the children about the divorce, visitation and spousal support.

If you and your spouse are willing to work together towards completing the divorce process, it is less costly and time-consuming. However, in circumstances where the partners may not be willing to work together, one spouse may file a complaint for divorce. This legal document is a divorce or dissolution petition by a spouse seeking a divorce.

The complaint for divorce or divorce/dissolution petition contains: the name and addresses of the spouses, spouse's children, date and place of marriage, acknowledgement that petitioner and spouse have lived in a given state or county for a specified period before filing the petition, the grounds for divorce, and declaration of how the petitioner would like to deal with finances, visitation, child custody, property division and other related matters.

The reality is that there is absolutely no way for a judge to declare you to be a single person until the final divorce decree is issued in your case. Although the court can deal with a wide array of issues once and for all before your divorce case is completely over, the one thing a judge simply cannot do is declare you a single person at any time prior to the issuance of a Final Divorce Decree.

Once all of the major issues of a case have been resolved via a settlement agreement between the parties, or once a trial is concluded in a divorce case, the court is in a position to issue a final decree of divorce. In addition to addressing issues like financial matters and children, the court will officially or formally terminate a marriage in a final divorce decree.

The termination of the marriage via a divorce decree renders the parties single individuals. As single people, a person who just concluded a divorce case is in a position to seek out new individuals to date and develop a more intimate relationship.

The spouse who needs money to support the children may request a temporary order by filing paperwork with the court. This usually requires submitting:

• Application for order to show cause (OSC) and an Order to Show Cause. An OSC is a simple form that defines what is being requested; in this case, a temporary child support order.
• Supporting declaration. This written statement explains facts to justify the issuance of the temporary order.
• Proposed temporary order granting the relief requested. This order is signed by a judge if the request is granted.
• Proof of service. This proves to the court that documents have been delivered to the other spouse. Paperwork must be served legally to the other spouse for a temporary support order.

After the paperwork is filed, a hearing will take place so the judge may review the details of the request, consider the facts, question both parties, and consider the financial situation of the spouse taking care of the children.

While the process of divorce is ongoing, courts may put temporary orders in order for certain financial and family issues to be ferreted out. Spouses have the right to ask a court to issue many types of temporary orders including:

• Establishing child custody and visitation
• Restraining one spouse from making contact
• Providing child support or alimony
• Preventing either spouse from selling assets
• Giving possession of a car or house to one spouse
• Payment of spousal and child support
• Child visitation for non-custodial spouse
• Payment of different bills
• Primary custody of the children
• The spouse to live in the couple's primary residence

When it comes to legal matters, wording is particularly important. You are asking if he can contest a divorce that was granted by default. The answer to that question is no, he can't. However, he can petition the court and ask to vacate the default divorce judgment.

When a divorce is filed, there are three ways it can go: contested, uncontested, and default. Uncontested is when both parties agree on all the major issues. Contested is when there is at least one major issue that the couple does not agree on. A default divorce is granted when the respondent (the spouse who didn't file) doesn't respond.

Vacating a default divorce: Sometimes the respondent had a good reason for not responding. Examples of valid reasons would be having been in an accident, being hospitalized, or a verifiable family emergency. If the respondent has a valid reason, he can file a motion to vacate the default divorce judgment. He would need to prove his reason for not responding.

Is there a deadline? Legally, there is no deadline by which he has to file. However, the longer he waits, the less likely it is that the judge will grant his request. The sooner he files, the better it would be for his case.

What happens if his motion to vacate is granted? If he files a motion to vacate, and it's granted, then the two of you will be returned to the position you were in before: married with a divorce complaint filed. Obviously, being returned to a married state may create a very sticky situation if you've already remarried, or are about to.

Void Marriages (automatically void by state law):

• Incestuous Marriage: Marriage between people who are related (brother and sister of either half-blood or full blood, an aunt and nephew or uncle and niece)
• A Deceased Spouse who is Alive: A spouse thought their spouse was dead, but finds out later they are alive
• A Sexual Act Occurred During the Marriage: If an individual solemnized in violation of New York DRL 11

Voidable Marriages (legally valid but can be terminated for specific reasons):

• Incurable Mental Illness: You or your spouse have a mental condition that will warrant an annulment
• Incapable of Consent: You or your spouse has a mental illness that does not allow you to understand you are making marriage commitment
• Underage: You or your spouse cannot get married because you are not the age of consent (18 years old in New York)
• Force, Duress or Fraud: A marriage must be entered to because you and your spouse have the free will to do so
• Impotency: The inability to consummate the marriage makes the marriage voidable (must have an incurable condition aside from being sterile)

Grounds for divorce include:

• Abandonment: Your spouse abandoned you by physically leaving you
• Cruel and Inhuman Treatment: Your spouse subjected you to physical and emotional abuse
• Adultery: Your spouse cheated on you
• Separation: You and your spouse broke up, but now you want to legally end the marriage
• Irretrievable Breakdown: Your marriage is broken and cannot be repaired

If the divorce petition is filed based on adultery or extreme cruelty by your spouse, there is no waiting period. You are free to file a complaint for divorce. In case of desertion by your spouse, you may file a complaint for divorce after a year. If you and your spouse are willing to seek divorce without any evidence of wrongdoing and fault, then as a couple, you may have an 18-month separation.

The complaint for divorce or divorce/dissolution petition varies from state to state. However, the contents of the petition are largely similar. It contains:

• The name and addresses of the spouses
• Spouse's children
• Date and place of marriage
• Acknowledgement that petitioner and spouse have lived in a given state or county for a specified period before filing the petition
• The grounds for divorce
• Declaration of how the petitioner would like to deal with finances, visitation, child custody, property division and other related matters

Filling and serving of the complaint for divorce by a petitioner marks the beginning of the divorce process. Each state has stern requirements on serving legal documents. It is important that the divorce petition be served in the right manner for the divorce to proceed in a valid manner.

The typical New York divorce proceeding addresses an array of different types of issues:

• A key set of issues is distributing between the spouses the assets and debts accumulated during the course of the marriage
• Issues surrounding minor children born during the marriage, including everything from child custody to parenting time or visitation to child support
• Division of finances, assets and property
• Spousal support/alimony
• How to tell the children about the divorce

Sometimes the matter of assets and debts is resolved through a settlement agreement entered into between the parties to a divorce. At other times, the parties to a marriage dissolution case are unable to reach a decision regarding property and debts. In that circumstance, the court will conduct further proceedings in the case, including perhaps even a divorce trial.

It is highly recommended that you seek the services of a divorce attorney, as he or she will guide you and represent you in courts. Attorneys have expansive experience in divorce proceedings and will guarantee you the best possible outcome.

In order to make sure that you fully understand your legal rights in a divorce case, you should consider seriously scheduling an initial consultation with a New York divorce lawyer. A New York divorce attorney will provide you with an evaluation of your case.

Contact a Family Law Attorney about Ending Your Marriage: You want to end your marriage, but you are not sure if you can get an annulment or not. Contact us. We will listen to your side of the events to determine if you are eligible for an annulment or must seek a divorce. You are not alone in the decision to end your marriage. We are here to advise you.